Europe’s leading truck manufacturers may have already been fined more than $4 billion for historic price fixing, but more claims seem likely.
Manufacturers DAF, Daimler/Mercedes, Iveco, MAN, Scania and Volvo/Renault were found guilty of violating EU competition rules by the European Commission (EC) in 2016 and 2017 and fined €3.8 billion ($4.2 billion).
The panel found that over a 14-year period, top managers at manufacturers fixed truck prices, agreed on the cost to truck buyers for emissions technologies, and delayed the introduction of more fuel-efficient emissions technologies.
A number of class actions are currently being brought against truck manufacturers as a result of the European Commission’s findings, and one of them, launched by the UK’s Road Haulage Association (RHA), achieved serious progress this week.
The RHA is seeking damages on behalf of thousands of hauliers who have suffered financially as a result of what it calls the “cartel actions” of truck manufacturers. It won the first round of its legal proceedings earlier this week when the UK Competition Appeal Tribunal (CAT) ruled that the RHA was competent to proceed with its class action claim.
“This is a very important milestone in what could be a long journey to recover compensation owed to lorry operators,” said Richard Burnett, RHA chief executive.
“The RHA is pleased that the court has recognized the ability of the RHA as an ‘established trade association’ to bring this class claim, while at the same time rejecting overt attempts by truck manufacturers to initially stifle the RHA’s claim.”
“We are fully committed to seeing this process through to the end, and it is a real achievement to have achieved such a clear victory at this early stage of the proceedings.”
The RHA’s proposed class claim, which it estimates could total more than $6 billion, covers all trucks of any type over six tonnes. This applies not only to trucks purchased or leased in the United Kingdom, but also to trucks purchased or leased in other European countries, provided that the operator belongs to a group of companies that have purchased or leased trucks registered in the United Kingdom.
“The RHA is seeking compensation for trucks sold during the cartel period – from 1997 to 2011 – and thereafter up to the present day. The claim also includes new and used trucks,” a statement said.
UK Truck Claim (UKTC) is also seeking to bring a class claim on behalf of truck operators.
The second part of the RHA’s class action order application is now expected to be heard by the CAT around October 2020, with a ruling expected a few months later.
“The RHA expects the claim to continue for several years but is confident that compensation will be awarded in due course,” a statement said.
There was no response forthcoming from MAN, DAF or Iveco at the time of publishing this article.
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